My Lords, I have previously set out the need for a framework for the recognition of overseas professional qualifications. The Government are proposing one that focuses on addressing unmet demand for professional services in the UK. The intention of Clause 1 is to bring in that framework. It means that regulations can be made which require regulators to have a route in place to determine whether or not to recognise overseas qualified professionals from around the world. The framework that the Bill introduces will replace the interim system for the recognition of professional qualifications that was put in place as the UK left the EU.
Clause 1 sets out the substance of the new recognition framework. I stress that these conditions cannot be amended by regulations under the Bill. Where regulations are made under this clause, they would require a regulator to make a determination as to whether an individual with overseas qualifications or experience has substantially the same knowledge and skills, to substantially the same standard, as the UK qualification or experience. As I have said previously, these regulations would not alter the standards required to practise professions in the UK. They could not alter such standards, and regulators would still decide who can practise. No regulator would be forced or pressured into accepting qualifications that did not reach UK standards. Any other appropriate regulatory criteria, such as language proficiency or criminal records checks, must also continue to be met before a regulator may give access to a profession.
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I have been clear since introducing the Bill that we must protect the autonomy of regulators. This includes autonomy over decisions about who practises a profession and flexibility in assessment practices, in line with regulators’ rigorous standards.
Noble Lords have made some interesting points about the use of delegated powers under this clause. I am grateful for the scrutiny of the Bill by the Delegated Powers and Regulatory Reform Committee, which has now produced two reports on it. I have of course carefully considered the committee’s recommendations.
Regulations under Clause 1 would be made by an appropriate national authority—the Secretary of State, the Lord Chancellor, or the devolved Administrations where the matter is within devolved competence. I reassure noble Lords that where Clause 1 is not exercised, regulators will be free to continue recognising qualifications from overseas in line with their existing powers and any reciprocal agreements that are in place.
In reply to my noble friend Lady Noakes, I say: why would we want to give regulators these powers if they already have them and routes are in place? The noble
Baroness, Lady Hayter, asked a completely reasonable question as to whether it is possible to quantify this. I will take that away and do what I can to answer it. My argument is that Clause 1 is needed because not all regulators currently have these powers. I completely understand that it would be helpful for my argument if I could demonstrate that to the Committee. Our analysis shows that a number of professions would be at relative risk of unmet demand for professional services if the Government did not introduce this new recognition framework, and the onus is on me to demonstrate that to the Committee.
Clause 1 provides the appropriate means to ensure that regulators are able to recognise, where required, qualifications and experience from around the world. The Bill has provisions in place to ensure that Clause 1 is not misused. Clause 2—it is important to read the two clauses together—limits the use of the power to make regulations in Clause 1 to where it is necessary to enable the demand for the service of a profession to be met without unreasonable delay or charges to the consumers of those services. There are therefore only certain circumstances that meet the condition under which a Secretary of State, the Lord Chancellor or a devolved Administration would be able to make regulations under Clause 1. We are not giving them a free gift. Action can be taken only when there is a clear public interest to do so, in this case a demand for services.
The Bill also sets out that any such resulting regulations would be secondary legislation, tailored to the profession. They would therefore be subject to appropriate parliamentary scrutiny. Where those regulations amended primary legislation, they would be subject to the affirmative procedure.
I hope my explanation has provided noble Lords with further clarity as to why this approach is necessary and proportionate. I live in hope that I will be able to convince the House of this as we move forward. Of course I will be happy to follow up on any additional points. I commend this clause, as amended in my name, to stand part of the Bill.